Terms of Sale — Develak iOS App Services

These Terms of Sale apply to the services that Develak, the iOS app studio of PRIOMAT LLC, provides to its clients: app design, app development, MVP development, App Store Optimization, localization and maintenance. They explain how quotes, prices, invoices, payments, delivery, cancellations and refunds work.

Nothing is sold or paid for on develak.com. Every service is ordered on the basis of a written quote, then invoiced by e-mail. Invoices are paid through the secure payment page of our payment provider, Stripe, or by bank transfer.

Scope of these terms

What they cover. These terms apply to every quote, order and invoice for the services described below, whoever the client is.
What they do not cover. Our own apps are free to download, and their in-app purchases and subscriptions are sold and billed by Apple through the App Store. They are governed by our Terms of Use, not by these terms.
Your agreement. The quote you accept, together with any statement of work or contract signed with it, forms our agreement with these terms. If they differ, the quote or the signed contract prevails.
Your own terms. Your general terms of purchase apply only if we accept them in writing.

Seller and customer service

Seller: PRIOMAT LLC, trading as Develak, a limited liability company registered in the State of New Mexico, USA
Address: 2105 Vista Oeste St NW, Suite E-1324, Albuquerque, NM 87120, USA
E-mail: contact@develak.com — for quotes, orders, invoices, payments, cancellations and refunds
Contact form: develak.com/contact
Languages: English and French

We read every message and reply personally. Please include your invoice number when you write about a payment.

Our services

Develak designs, builds and maintains native apps for iPhone, iPad and Mac. Each service is described on its own page:

iOS app development — custom native apps in Swift and SwiftUI, from specification to App Store release;
iOS app design — user flows, interface design and prototypes;
MVP app development — a first version focused on the core feature;
App Store Optimization — store listing, keywords, screenshots and metadata;
App localization — translation of the app and of its store listing;
App maintenance — updates for new iOS versions, fixes and improvements, as a recurring plan.

These are professional services, performed remotely and delivered digitally. We sell no physical goods and ship nothing.

Quotes and orders

First exchange. Your first message and the discovery call are free and do not commit you to anything.
Written quote. We then send a written quote that sets out the scope and deliverables, the price and its currency, the payment schedule, an estimated timeline and, where relevant, the warranty period. A quote is valid for the period it states, or 30 days if it states none.
Order. Your order is placed when you accept the quote in writing (by signature or by e-mail) and, if the quote provides for one, when the first invoice is paid. No work starts, and nothing is charged, before you accept the quote.
Changes. Any change to the scope is agreed in writing beforehand, through an updated quote or a change request stating its effect on the price and the timeline.

Prices and taxes

Quoted individually. We do not publish a price list, because no two apps share the same scope. Each project is priced in its quote, on one of three bases: a fixed price for a defined project, a fixed price per sprint for an MVP, or a recurring fee, billed monthly, for an ongoing plan such as maintenance.
Currency. Prices are stated in US dollars (USD) or in euros (EUR), as shown on the quote and on the invoice. If you pay in another currency, the conversion is made by your bank or card issuer, which may charge fees.
Taxes. Prices are exclusive of taxes. Where a sales tax, VAT or similar tax applies, it is shown separately on the invoice; where the reverse-charge mechanism applies, the invoice says so.
Third-party costs. Unless the quote says otherwise, prices do not include costs paid to third parties, which you pay directly in your own name: the Apple Developer Program membership, servers and hosting, paid APIs and services used by your app, fonts, images or other licensed assets.
Recurring plans. We inform you by e-mail at least 30 days before any change to the fee of a recurring plan. You can cancel the plan before the change takes effect.

Invoicing and payment

Invoices. PRIOMAT LLC (Develak) invoices you by e-mail according to the payment schedule of the quote — for example a deposit when you accept the quote and instalments at agreed milestones. Recurring plans are invoiced monthly, in advance.
Payment methods. Each invoice includes a link to a secure payment page operated by Stripe, where you can pay by credit or debit card and, depending on your country, by other methods such as bank transfer. You may also pay by bank transfer to the account shown on the invoice.
Security. Card payments are processed by Stripe, a payment provider certified PCI DSS Level 1. You enter your card details directly on Stripe’s page: we never see or store your full card number.
Receipts and statements. A receipt is sent by e-mail after each payment. Card payments appear on your statement under the name Develak or PRIOMAT LLC.
Due date. Invoices are payable by the due date shown on them. If an invoice remains unpaid, we send a reminder; if it is still unpaid after that, we may suspend work, after telling you in writing, until it is paid. The timeline moves accordingly.
Beware of fraud. We never ask for card details by e-mail, message or phone, and we never take payments on develak.com. If you receive a payment request that looks unusual, check it with us at contact@develak.com before paying.

Delivery of the services

Digital delivery. Deliverables are delivered online: design files, TestFlight builds, source code in a Git repository that you own or that is transferred to you, App Store submissions made from your App Store Connect account, and written reports.
Timeline. The quote includes a dated plan. Its dates are estimates: they depend on your feedback, on the content and access you provide and on Apple’s App Review, which we do not control. We tell you promptly about any expected delay.
App Review. We prepare every submission to meet Apple’s App Review Guidelines, but approval is Apple’s decision and cannot be guaranteed. If Apple rejects an app because of our own work within the agreed scope, we make the corrections at no extra cost.
Review and acceptance. At each milestone, you review the deliverable and either approve it or tell us what does not match the agreed scope, which we correct. A milestone is accepted when you approve it, when the review period stated in the quote ends without feedback, or when you publish or use the deliverable in production.

Your responsibilities

Provide in good time the information, content, feedback and access needed for the project, including an Apple Developer Program membership and an App Store Connect account in your name.
Hold the rights to the content you provide (texts, images, brands, data) and make sure it is lawful.
As the publisher of your app, make sure that your app, your business model and your use of personal data comply with the laws of the countries where you distribute it, and keep your own privacy policy and terms up to date. We flag the points we notice, but we do not provide legal advice.

Cancellation

Before work starts. You can cancel an order free of charge by e-mail until work has started. Any amount already paid is refunded in full.
During a project. You can stop a project at any time by e-mail. You then pay only for the work performed up to the date of cancellation: the milestones completed and, for the milestone in progress, the share of the work done, as set out in the quote. We hand over everything produced for the work you paid for, and refund any amount paid beyond it.
Recurring plans. Unless the quote sets a minimum term, a recurring plan can be cancelled at any time by e-mail. Cancellation takes effect at the end of the current billing period: you are not charged again, and the period already paid is not refunded, except where the law provides otherwise.
By us. We may end a project after written notice if invoices remain unpaid or if the agreement is seriously breached. If we have to stop a project for a reason that is not your doing, we refund every amount paid for work not performed and hand over the work done.

Refunds

When a refund is due. After a cancellation or a withdrawal as described on this page, when a warranty correction cannot be made, or after a billing error such as a duplicate charge.
How to ask. Write to contact@develak.com with your invoice number and the reason for your request.
Time and method. We issue refunds within 14 days of the cancellation, the withdrawal or our agreement on the amount, using the original payment method: card payments are refunded to the card through Stripe, bank transfers by bank transfer. Your bank may take a few more business days to show the credit.
What is not refunded. Work that has been performed and accepted, and third-party costs already incurred on your behalf with your agreement, are not refundable, except where the warranty below or the law provides otherwise.

Right of withdrawal for consumers

Our services are mainly intended for businesses and professionals. If you order them as a consumer living in the European Union or the United Kingdom, you have the right to withdraw from the contract within 14 days of its conclusion, without giving any reason.

How to withdraw. Send us a clear statement before the 14 days end, by e-mail to contact@develak.com or by mail to the address above — for example: “I hereby withdraw from the contract for the following service: (service), ordered on (date of the order). Name, address, date.”
Refund. We refund all payments received from you within 14 days of receiving your withdrawal, using the same payment method, at no cost to you.
Work started at your request. If you expressly asked us to start work during the withdrawal period, you pay an amount proportionate to the work performed until you informed us of your withdrawal. You lose the right of withdrawal once the service has been fully performed, if you agreed to that start and acknowledged this consequence.

Billing questions and payment disputes

If a charge looks wrong or you do not recognize it, write to us at contact@develak.com with the invoice number or the date and amount of the charge. We check it and correct any error, including by a refund. Please contact us before disputing a charge with your bank: it is usually the fastest way to settle the matter. This does not limit the rights you have with your bank or card issuer.

Ownership of the work

Your deliverables. Once the corresponding invoices are paid in full, you own the deliverables created specifically for you — the source code of your app, its designs and its App Store assets — and you may use, modify and distribute them freely.
Our tools. We keep the ownership of the tools, components and know-how we had before the project or develop independently of it. When some of them are included in your deliverables, you receive a perpetual, worldwide, royalty-free, non-exclusive license to use them as part of your app.
Open-source components. They remain subject to their own licenses, which we list in the repository.
Discretion. We do not mention your project publicly, for example as a case study, without your written permission.

Confidentiality

We each keep confidential the non-public information the other shares for the project — product ideas, business data, source code, access credentials — and use it only for the project. This obligation continues after the project ends. We can sign your non-disclosure agreement before the discovery call if you wish.

Warranty

We perform our services with care, according to professional standards and Apple’s guidelines.
We correct at no extra cost any defect — behavior that does not match the agreed scope — that you report during the warranty period stated in the quote.
The warranty does not cover changes requested after acceptance, issues caused by changes made by others, the behavior of third-party services, or adaptations to iOS versions released after delivery, which are part of our maintenance plans.
If you are a consumer, you also keep the legal guarantees of conformity that apply in your country.

Limitation of liability

To the extent permitted by law, our total liability for a project is limited to the amounts paid under its quote; for a recurring plan, to the amounts paid during the 12 months before the event giving rise to the claim.
We are not liable for indirect or consequential damages, such as loss of revenue, profits, data, customers or App Store ranking.
Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as an outage of Apple’s services, a natural disaster or a large-scale network failure.
These limitations do not apply to liability that cannot be limited by law, such as for fraud, gross negligence or willful misconduct, and they do not affect your mandatory rights as a consumer.

Governing law and disputes

These terms and our agreements are governed by the laws of the State of New Mexico, USA, without regard to its conflict of laws rules, and the state and federal courts located in New Mexico have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may also bring proceedings before the courts of your country of residence or use an out-of-court dispute resolution scheme available there.
Before taking any action, please write to us at contact@develak.com: most issues can be resolved quickly and amicably.

Changes to these terms

We may update these terms. The date at the top of this page shows the latest version. An order is governed by the version in force on the date you accept its quote. For a recurring plan, we inform you by e-mail at least 30 days before a significant change takes effect, and you can cancel the plan before then.

These terms are available in English and in French. In case of discrepancy, the English version prevails, unless the mandatory law of your country provides otherwise.

Contact us

E-mail: contact@develak.com
Contact form: develak.com/contact
Mail: PRIOMAT LLC (Develak), 2105 Vista Oeste St NW, Suite E-1324, Albuquerque, NM 87120, USA